QUESTION

Should I get a K-1 or K-3 visa?

Asked on Nov 14th, 2011 on Immigration - California
More details to this question:
I am US citizen and in a long distance relationship with a guy from my origin country. We used to live in same neighborhood and our families known each other for years. I moved to USA 30 years ago after my marriage but divorced now. That guy's sister lives here in USA close to me and she approached my family for me to get married with her divorced brother. Itโ€™s very common in our culture and country back home. My family knows them so they approved with my consent. I started talking to him and after 2 months we both and our families elders decided us to get engaged or get married. His son is 17yrs and 2 months old so we can bring him along with him. I am leaving to meet his family very soon. My question is what petition would be easier while the age limit for kids in both under 21yrs. What is the best option K-1 or K-3? Also 2 months relationship would be enough to satisfy the immigration office? What proof should I bring with me if I get engaged or get married? What are your charges would be for him and his 2 sons(16-17) for K-1 or K-3?
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5 ANSWERS

Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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Why don't you come and see me for a more detailed discussion.
Answered on Jun 26th, 2013 at 1:43 AM

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K-1 would be a better option to ensure that both of the children will be able to get their green card along with their father.
Answered on Nov 30th, 2011 at 4:10 PM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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The decision to go K-1 or K-3 is important for the dependent child. The processing times are very close now, so the choice is not really a time issue. But, be advised that the child will be recognized as a stepchild if you marry prior to him turning 18. 21 is the age-out date for most other dependents. Consult with an experienced immigration attorney immediately, as this will affect the son's immigration directly.
Answered on Nov 15th, 2011 at 11:00 AM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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I would rather avoid a k3 since it usually ends up just being an additional expense that does not save you time. You can marry and do I-130 family petition. You want to collect as much evidence you can get regarding that it is a bona fide relationship.
Answered on Nov 15th, 2011 at 1:06 AM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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I would just file for the green card after getting married. The K-1 or K-3 doesn't make much sense to do. It takes about a year to bring the family here. As long as the kids are under 21 years old then they will be fine. Just make sure to marry their mother before they turn 18
Answered on Nov 14th, 2011 at 5:42 PM

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